Dane County Sheriff’s Office Writ of Restitution (Eviction) Procedure
The information contained in this site is for general guidance only and is in no way intended to be legal advice. As such, it should not be used as a substitute for consultation with an attorney or other advisor as necessary.
Pursuant to Sec. 799.45, Wis. Stats., a plaintiff in an eviction action may remove a tenant and dispose of a tenant’s property using the procedure outlined below.
1) Obtain a valid Writ of Restitution from Dane County Circuit Court. At the time of the eviction judgment the court shall order that a Writ of Restitution be issued.
- Landlords are responsible for making sure that all the information contained in the Writ is correct so review the Writ before leaving the Clerk of Courts. *DO NOT ALTER THE ORIGINAL COURT DOCUMENT, THE DANE COUNTY SHERIFF’S OFFICE WILL NOT ACCEPT THE PAPER*
- Make sure the writ contains the following: correct court case number, correct spelling of plaintiff and defendant names, complete address to be vacated (including apartment number), signature of court official, date, and red Clerk of Court seal
2) A Writ of Restitution is only valid for a limited time.
- The Writ of Restitution is valid for 30 calendar days and must be delivered to the Sheriff’s Office within that time, under 799.44(1), (2).
- The Sheriff must act within 10 business days after receiving the Writ, under 799.45(5)(a). Deputies will advise plaintiff of the expiration date after posting the Writ of Restitution.
3) Decide which type of eviction you want to do before delivering the Writ to the Sheriff. Under 799.45(1), upon delivery of the Writ of Restitution to the Sheriff of Dane County, plaintiff must notify what way the eviction is going to be executed. WRIT OF RESTITUTION PROPERTY MEMO HERE
4) Forced evictions are done Monday through Friday starting at 8:00 a.m. and are scheduled on a first-come, first-serve basis. Deputies will provide the landlord with an eviction date upon request. If the landlord chooses the mover option it is the landlord’s responsibility to hire the mover and pay for the mover. The Sheriff’s Office is not affiliated with any mover and we cannot make recommendations for any particular mover. However, the moving company must be bonded and pre-approved by the Dane County Sheriff’s Office.
5) BONDED MOVERS: Deliver Writ to the Sheriff’s Office. The Plaintiff is responsible for all expenses associated with using bonded movers. The following Bonded Movers have met the criteria set forth by the Dane County Sheriff's Office:
6) SELF BONDED EVICTION
a. Obtain a valid Writ of Restitution
b. Obtain a bond of indemnity containing all pertinent names (spelled correctly), court case number and complete address. All bonds MUST indemnify Sheriff David Mahoney, his designees and Dane County.
c. A $5,000.00 bond for apartment and $10,000.00 bond for houses/businesses is required. Higher bonds may be required dependent on individual circumstances. The original bond and original power of attorney must be filed with Dane County Sheriff.
d. Deliver the original Writ of Restitution and original Bond/Power of Attorney at the Dane County Sheriff's Office Civil Process window and tell them you are going to be a self-bonded landlord.
- Complete the Memo to the Sheriff for self bonded choice.
- The Writ of Restitution, original Bond/Power of Attorney and Memo to the Sheriff shall be returned to the Sheriff’s Office at the same time.
7) Evictions after March 1, 2014 utilizing WI ACT 76 choice:
- Notify the Dane County Sheriff that plaintiff is utilizing 799.45(3m) by checking the appropriate box on the WRIT OF RESTITUTION PROPERTY MEMO in step 3 above.
8) Deputies will notify you after they post the Order to Vacate and are available to answer all questions. They can be reached at the following numbers:
a. West County Deputy (608) 284-6819
b. East County Deputy (608) 284-6818
9) The fees for executing a Writ of Restitution are located in FAQ section.